http://www.concernedshareholders.com/CCS_Corporate_Cron... Public Citizen’s Congress Watch
Corporate Cronies
The corporate crime wave that came to light in 2002 cost investors dearly, with some $7 trillion in market value vanishing almost overnight. The series of scandals that spurred this economic meltdown – Enron, Global Crossing, Adelphia, Tyco, Worldcom and others – exposed the stunning, systemic failure of corporate directors to police crooked CEOs or protect the interests of shareholders. In response, President Bush had strong words for dishonest CEOs and other corporate malefactors. “We’ve got thousands of citizens who own shares of publicly held companies, many in pension plans, mutual funds, a lot of them direct ownership,” Bush said in a March 2002 speech on corporate responsibility. “And this country must hold CEOs – CEOs of publicly held companies, to the highest of high standards.”
The job of setting those high standards fell to the Securities and Exchange Commission (SEC), the quasi-independent federal agency charged with protecting investors and maintaining the integrity of U.S. securities markets. In October 2003, the SEC proposed the so-called shareholder access rule, a modest reform measure that would make it easier for concerned investors to place their own nominees on a company’s board of directors. Currently, there is no practical way for shareholders to hold even failing corporate boards responsible. Though the proposed regulation had the support of institutional investors, state treasurers, unions, corporate governance experts, and even SEC Chairman William Donaldson, the shareholder access rule was vehemently opposed by the CEOs of some of America’s largest corporations. A year after first being introduced, the rule still has not seen the light of day.
That’s largely because the Bush administration has sided with the CEOs against the shareholders. Apparently in deference to some of its biggest financial backers and corporate cronies, the Bush administration has worked to delay and debilitate a rule that would hold CEOs accountable to their shareholders. This is a classic case of money and access winning out over what is in the best interest of average citizens. The Bush Administration, the Business Roundtable, and the U.S. Chamber of Commerce pressured the SEC to back down on the shareholder access rule. . . .
• The Bush administration dispatched Treasury Secretary John Snow – a former chairman of the Business Roundtable – to pressure SEC officials to weaken the shareholder access rule. According to one senior commission official, Snow served as the White House point man in making sure “the views of an administration eager to court the chief executives during an election year have been made clear to the chairman.” Multiple SEC officials told four separate reporters that Snow let it be known that the White House does not want the rule to proceed.